If you’ve been involved in a car accident, the next step for many is filing a personal injury lawsuit and this accident lawyer in Orlando can help. But, you may be wondering what the case is actually likely to be worth and how a case is assessed in terms of monetary value. The answer comes down to damages or figuring out what your injuries have cost you in terms of your financial, physical and mental health. In personal injury cases, damages are paid to the injured person by the person or company found to be legally responsible for the accident. Different cases result in different amounts of damages being awarded – these are some of the most common.
What Compensatory Damages are Involved?
There are different damages that can contribute to your overall settlement. These include:
Medical treatment – most personal injury damaged award the cost of medical care associated with the accident. This includes compensation for the fees you’ve paid and the estimated costs of medical care in the future as a result of the incident.
Income – You may well be entitled to compensation if you’ve lost out on being able to work, not just in terms of the income you’ve lost but also the money you may have been able to make in the future.
Property loss – If you’ve lost clothing, personal items or your vehicle as a result of the accident, you’ll likely be entitled to reimbursement for the repairs.
Pain and suffering – Many people claim for the pain and suffering as a result of the accident, which includes the ongoing pain you may be suffering too. Emotional distress is also compensated for, such as fear, anxiety and loss of sleep.
Loss of enjoyment – When your injury is caused by an accident that stops you enjoying your day to day life, whether that’s exercise, hobbies or other recreational activities, this falls into the category of loss of enjoyment damages.
Loss of consortium – In personal injury cases, these types of damages relate to how the accident and impact of the injuries has impacted the victim’s relationship with their spouse.
How Actions can Impact How Damages are Awarded
The role of an injured person in causing an accident, or their inaction after being injured, could actually impact how much your case is worth. Comparative negligence relates to whether the victim is at fault, even if it’s only partially, and this can diminish the settlement awarded. Contributory negligence is relevant in a small handful of states that follow this concept, meaning that you may not be able to recover compensation if you’re believed to be partially to blame. And it’s not just when the accident occurs but also what happens after. Failure to mitigate damages is a law in most states that expects the victim to mitigate or take reasonable steps to minimize the financial impact of harm caused by the accident. This means if you sit back and rest on your laurels after an accident, rather than getting medical treatment that would speed up your recovery, this could reduce your settlement.
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